Kelly v. Roker et al

Filing 55

ORDER DIRECTING PARTIES TO MEET AND CONFER. Signed by Judge Jeffrey S. White on 3/14/12. (jjoS, COURT STAFF) (Filed on 3/14/2012)

Download PDF
1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 LISA SIMONE KELLY, 11 For the Northern District of California United States District Court 10 12 13 Plaintiff, No. C 11-05822 JSW v. ORDER DIRECTING PARTIES TO MEET AND CONFER WALLY ROKER, et al., Defendants. / 14 15 On December 2, 2011, Plaintiff filed the complaint in this action, in which she asserts 16 four claims for relief: (1) Declaratory Judgment; (2) Fraudulent Transfer; (3) Misappropriation 17 and Conversion; and (4) Accounting. Each of Plaintiff’s claims are based on a Music and 18 Artifact Agreement (“MAA”) dated October 1, 2011, entered into between defendants Andrew 19 B. Stroud and Andy Stroud, Inc., and Wally Roker and ICU Ent Dist. Plaintiff asks that the 20 Court declare the MAA rescinded and seeks other relief precluding defendants from transferring 21 “Nina Simone Materials,” at issue in this case, some of which appears to overlap with claims 22 raised in the related case Brown v. Stroud, 08-CV-2348-JSW. In response to a motion to 23 dismiss his counterclaims in this action, Stroud claims that the MAA was rescinded effective 24 February 1, 2012. 25 The Court HEREBY ORDERS the parties to meet and confer in person or by 26 videoconference by no later than April 6, 2012, to determine whether they can resolve this 27 litigation without further court involvement. 28 1 By no later than April 9, 2012, the parties shall submit a joint report to the Court in 2 which they shall advise the Court whether or not they have been able to resolve the matter. If 3 the parties advise the Court that they have not been able to resolve the matter, the Court shall 4 issue a ruling on the motion to dismiss Stroud’s counterclaims. 5 6 IT IS SO ORDERED. Dated: March 14, 2012 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?